11-18-2021 Zoning Board Meeting

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, November 18, 2021 Opening: The meeting of the City of Cape May Zoning Board of Adjustment was called to order by Chairperson Diane Hutchinson at 6:00 PM in the City Hall Auditorium. In compliance with the Open Public Meetings Act, adequate notice was provided. Roll Call: Mrs. Hutchinson, Chairperson Present Mr. Murray, Vice Chairperson Present Mrs. Werner Absent Ms. Hesel Present Mr. Van de Vaarst Present Mrs. Lukens Present Mr. Ledwin Present Mrs. Notch (Alt. 1) Absent Mr. Walsh (Alt. 2) Present Also Present: Richard King, Board Solicitor Craig Hurless, PE, PP, CME, Board Engineer Karen Keenan, Board Assistant Minutes: Motion was made by Mr. Murray to adopt the meeting minutes of March 25, 2021, seconded by Mr. Van de Vaarst and carried 3-0. Those in favor: Ms. Hesel, Mr. Van de Vaarst, Mr. Murray. Those opposed: None. Those abstaining: Mrs. Lukens, Mr. Ledwin, Mr. Walsh, Mrs. Hutchinson. Motion was made by Ms. Hesel to adopt the meeting minutes of April 22, 2021, seconded by Mrs. Lukens and carried 5-0. Those in favor: Ms. Hesel, Mr. Van de Vaarst, Mrs. Lukens, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: Mr. Ledwin, Mr. Walsh. Motion was made by Mrs. Lukens to adopt the meeting minutes of September 23, 2021, seconded by Ms. Hesel and carried 6-0. Those in favor: Ms. Hesel, Mr. Van de Vaarst, Mrs. Lukens, Mr. Ledwin, Mr. Walsh, Mrs. Hutchinson. Those opposed: None. Those abstaining: Mr. Murray. Resolution(s): Motion was made by Mr. Ledwin to adopt Resolution number 11-18-2021: 1, Gounaris, 515 Bank Street, seconded by Mrs. Lukens and carried 6-0. Those in favor: Ms. Hesel, Mr. Van de Vaarst, Mrs. Lukens, Mr. Ledwin, Mr. Walsh, Mrs. Hutchinson. Those opposed: None. Those abstaining: Mr. Murray. ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes – November 18, 2021 - Page 1 Application(s): Bassett Family LLC 701 Kearney Avenue Block 1063, Lot(s) 9 Attorney Ray Went appeared with Architect Joseph Ross, Professional Planner and Professional Engineer Andrew Schaeffer and Owner Jeff Rights representing Bassett Family LLC. Attorney Went described the application to add two baths to the second floor in the existing footprint and described the variances needed. Owner Rights, Architect Ross, Planner Schaeffer and Board Engineer Craig Hurless were sworn in by Board Solicitor Richard King for the record. Owner Rights gave a history of the family ownership of the property with four families sharing the property with limited rental to only one tenant each year. Owner Rights distributed a packet of exhibits including A-1 Ross Floor Plans and Elevations, A-2 Photographs taken June 18, 2021, A-3 Ariel Plan with FAR Calculations, A-4 Google Aerial and A-5 Martinelli Survey dated May 17, 2018. He explained that on the second floor that includes all four bedrooms, there is a bath in the master suite plus a hall bath which is shared by three of the four families when all gather at the same time. Architect Ross presented his credentials and was accepted as an expert by the Board. He described the project and Exhibit A-1. He said they tried to fit the project in the current envelope, but the bedrooms would not be functional and that the goal is to have a bathroom associated with each bedroom. Architect Ross shared that the left porch addition is for symmetry, as suggested by the Historic Preservation Commission (HPC), which has granted conceptual approval of the project. He added that the increase in floor area ratio (FAR) is .04 and that the property at 29 Gurney was granted FAR approval for a similar project. He added that the existing outdoor shower, which is in the setback, is not enclosed; and they propose a four feet by four feet enclosure and space for a HVAC unit. Board members were allotted time for questions. Engineer Hurless asked about the selective rehabilitation, since the Board is strict with FAR variances. Architect Ross said the rehabilitation is only what is necessary to create the bathrooms and create the symmetry as suggested by the HPC. Planner Schaeffer presented his credentials and was accepted as an expert by Chairperson Hutchinson. Planner Schaeffer referred to Exhibit A-3 the Aerial Plan with FAR Calculations. He testified that the expansion of the existing FAR by .04 will not be a detriment to the zoning ordinance or master plan. He added that there is no increase in intensity and no additional parking need will be created on the undersized lot. He said the building height is 6.3 feet shorter the allowed 40 feet and the FARs in the block, specifically lots 4 and 5 at .94 and lot 5 at .79 make this request de minimus in nature and not imposing. Planner Schaeffer said the property can accept the increase in FAR. ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes – November 18, 2021 - Page 2 Attorney Went summarized the application by saying there is no increase in the footprint and no increase in the number of bedrooms, and they met the burden under the Coventry case for approval of the variances. Board members were allotted time for questions. Board Engineer Hurless then summarized his report dated June 22, 2020. He described his completeness review, comments for variances and general review comments 1-8 in detail. He noted that the Shade Tree Commission approved the application with no comments in their report dated July 9, 2020. Engineer Hurless said the question for the Board is whether the project provides adequate light, air and open space. The applicant agreed to the conditions of approval. Board members were allotted time for questions of Engineer Hurless. Discussion was opened to the public within 200 feet at 6:59 PM. Don Kissling, 24 Stockton Place, was sworn in by Solicitor King and spoke in support of the application. Discussion was opened to the public within 200 feet at 7:01 PM. Discussion was closed to the public at 7:01 PM. Board Solicitor King explained the vote to the Board. He explained that the FAR is the last line of defense against the over development of lots. He added that rarely are there applications heard for increase in mass of a building. He advised to weigh if the increase of bathrooms increase intensity while it does not increase parking. Member Murray asked about the Coventry Square case. Solicitor King said this is not a regular D variance but requires five of seven votes to carry. He said the Coventry Square case is the standard, and the members should look to the master plan and whether the property can accommodate the deviation from the standard. Motion was made by Mr. Murray to grant the proposal with the D variances and associated C variances subject to the conditions outlined in the memorandum from Board Engineer Craig R. Hurless, PE, PP, CME, dated June 22, 2020, seconded by Mr. Ledwin and carried 7-0. Those in favor: Ms. Hesel, Mr. Van de Vaarst, Mrs. Lukens, Mr. Ledwin, Mr. Walsh, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: None. Board members explained their votes and made positive comments on the application. A short break was taken at 7:10 PM. The meeting resumed at 7:15 PM. ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes – November 18, 2021 - Page 3 Richard & Roxana Sasse 106 Philadelphia Avenue Block 1102, Lot(s) 34, 35 & 36 Attorney Ronald Gelzunas introduced the application, Architect Christina Amey and Owners Roxana and Rick Sasse, who were sworn in by Solicitor King. Engineer Craig Hurless remained under oath. Attorney Gelzunas described the project as demolition of the existing home and construction of a new single family home and renovations to the existing rear detached garage with variances needed for setbacks and lot size. Architect Amey presented her credentials and was accepted as an expert by Chairperson Hutchinson. Architect Amey described the lot as undersized and a new roof on the existing garage to be a slope roof versus the current flat roof. Architect Amey described the neighboring two properties’ front yard setbacks with one at 8.9 feet and the other at 13.9 feet, averaging 11.4 feet. She shared that the applicants propose 11.5 feet to the front steps where 25 feet is required and said that the side yard setbacks conform to the requirement. She advised that adjustments to Engineer Hurless’ table are in order: proposed rear yard setback at 26.67 feet, proposed side yard setback total at 22.67 feet and the proposed side yard setbacks to be 8.17 feet and 14.5 feet with all conforming to the requirements. Architect Amey described the proposed home as a two and a half story house keeping the footprint at the minimum with space between houses allowing light, air and open space. She explained that the front encroachment is mainly the front porch. Architect Amey said it is a substantial benefit for Cape May, as the house is gambrel style house fits with the Cape May historic environment and complies with the flood ordinance. Owner Rick Sasse gave his history of the purchase of the property in 1978 just before reporting to the Cape May Coast Guard base. After many moves, he reported they want to make this their full-time home after renting the property for many years. Board members were allotted time for questions. Engineer Hurless then presented his memorandum dated September 13, 2021. Engineer Hurless described his completeness review and indicated that details 13, 19, 23, 27, 28 and 31 as shown on page 2 of 6 to be conditions of approval including the street tree to be replaced to be indicated on the plan. He described the variances required in detail. He found the lot size variance to be de minimus. The General Review Comments 1-18 were reviewed and explained in detail with all items being classified as conditions of approval. Engineer Hurless highlighted that the zoning table should be revised per the review memorandum and the changes discussed at the meeting. He said that the stormwater runoff must be directed towards the street, one street tree is required, and the Shade Tree Commission approved the project in their report date September 15, 2021. Board members were allotted time for questions of Engineer Hurless. Engineer Hurless explained that the tree replacement required will be included in the landscaping review. There was a question about the FAR with the determination that the shaded drawing will reflect the .40 FAR. ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes – November 18, 2021 - Page 4 Discussion was opened to the public within 200 feet and beyond at 7:46 PM and closed with no public coming forward to comment. Solicitor King explained the vote to the Board. Motion was made by Mrs. Lukens grant the variances for front yard setback, lot size, building setback, detached garage – rear setback, and detached garage – side setback subject to all conditions of approval discussed at the meeting and listed in the Board Engineer memorandum, by Craig Hurless, dated September 13, 2021 seconded by Mr. Murray and carried 6-0. Those in favor: Ms. Hesel, Mr. Van de Vaarst, Mrs. Lukens, Mr. Walsh, Mr. Murray, Mrs. Hutchinson. Those opposed: None. Those abstaining: Mr. Ledwin. Board members expressed their reasons for their votes. Motion made by Mr. Van de Vaarst to adjourn the meeting at 7:49 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary ==================================================================== City of Cape May Zoning Board of Adjustment Meeting Minutes – November 18, 2021 - Page 5